NEBRASKA DEMOCRATIC PARTY TO VOTE ON SENATE VACANCY AS LAWSUIT CONTINUES

.LINCOLN — Nebraska Attorney General Mike Hilgers has notified a Lancaster County district judge that he plans to participate in a lawsuit seeking to force the Nebraska Democratic Party to replace former U.S. Senate nominee Cindy Burbank. Former Democratic primary candidate William Forbes argues state law requires the party to fill the vacancy, while Democrats maintain the law only establishes a process if the party chooses to name a replacement. Judge Susan Strong previously rejected Forbes’ request for a temporary injunction, finding his argument raised serious constitutional concerns and was unlikely to succeed.

The Nebraska Democratic Party will now vote at its August 21 state central committee meeting on whether to fill the vacancy. Party Chair Jane Kleeb said leaving the position vacant would align with the party’s strategy of supporting registered nonpartisan Dan Osborn in his effort to defeat Republican Sen. Pete Ricketts. Burbank withdrew one day after Osborn qualified for the November ballot, and Forbes has said he is willing to serve as the replacement Democratic nominee. Kleeb, however, said she would not consider Forbes even if the party was ultimately required to fill the vacancy.

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